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LATORRE v. PEPSI COLA METRO. BOTTLING CO.

204 Misc. 184 (1953)

Frank Latorre, Respondent, v. Pepsi Cola Metropolitan Bottling Co., Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

March 12, 1953.

Attorney(s) appearing for the Case

Charles A. Nolan, Jr., and B. C. Kelly for appellant.

Joseph H. Sand and Milton Berelson for respondent.

WALSH, CUFF and UGHETTA, JJ., concur.

Per Curiam.

A party securing a discovery and inspection is not required to furnish a copy of his own expert's report to his adversary. (Glichenhouse v. Pepsi-Cola, N. Y. L. J., Aug. 6, 1942, p. 288, col. 1; Hanover v. Kelly Dry Ginger Ale, N. Y. L. J., Nov. 2, 1944, p. 1152, col. 2.)

The order should be unanimously modified upon the law by striking therefrom the provision requiring defendant to...

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